[1]
State Law Reference: As to certain violations concerning an
accused with special needs, § 479.040, RSMo.
[R.O. 1993 § 135.010; Ord. No.
1944 § 1, 12-12-1978]
There is hereby established in this City a Municipal Court,
to be known as the "Charleston Municipal Court, a Division of the
33rd Judicial Circuit of the State of Missouri." This Court is a continuation
of the Police Court of the City as previously established, and is
termed herein "the Municipal Court."
[R.O. 1993 § 135.020; Ord. No.
1944 § 2, 12-12-1978]
Violations of municipal ordinances shall be heard and determined
only before divisions of the Circuit Court as hereinafter provided
in this Chapter. The term "heard and determined," for purposes of
this Chapter, shall mean any process under which the Court in question
retains the final authority to make factual determinations pertaining
to allegations of a municipal ordinance violation.
[R.O. 1993 § 135.030; Ord. No.
2104 § 3, 10-14-1986]
The Judge of the City's Municipal Court shall be the Associate
Circuit Judge of Mississippi County, Missouri, as authorized and permitted
by Section 479.040.2, RSMo.
[R.O. 1993 § 135.040; Ord. No.
2104 § 4, 10-14-1986]
The Associate Circuit Judge of Mississippi County, Missouri,
shall serve as Municipal Judge of the Charleston Municipal Court by
virtue of his/her office for an indefinite term.
[R.O. 1993 § 135.050]
The Municipal Judge shall keep a docket in which he/she shall
enter every case commenced before him/her and the proceedings therein,
and he/she shall keep such other records as may be required. Such
docket and records shall be records of the Circuit Court of Mississippi
County. The Municipal Judge shall deliver the docket and records of
the Municipal Court, and all books and papers pertaining to his/her
office, to his/her successor in office, or to the Presiding Judge
of the Circuit.
[R.O. 1993 § 135.060]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Violations Bureau as provided for in the Missouri Rules
of Practice and Procedure in Municipal and Traffic Courts and Section
479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgements made by him/her, and may fine and imprison for contempt
committed before him/her while holding Court, in the same manner and
to the same extent as a Circuit Judge.
3.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence, and make such other orders as the Associate
Circuit may deem necessary relative to any matter that may be pending
in the Municipal Court.
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this ordinance, and to
make and adopt such rules of practice and procedure as are necessary
to hear and decide matters pending before the Municipal Court and
to implement and carry out the provisions of the Missouri Rules of
Practice and Procedure in Municipal and Traffic Courts.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State or the ordinances
of this City.
[R.O. 1993 § 135.070; Ord. No.
1944 § 13, 12-12-1978]
All warrants issued by the Municipal Judge shall be directed
to the Director of Public Safety, or to any other Public Safety Officer
of the City, or to the Sheriff of the County. The warrant shall be
executed by said Law Enforcement Officer any place within the limits
of the County and not elsewhere unless the warrants are endorsed in
the manner provided for warrants in criminal cases, and when so endorsed,
shall be served in other counties, as provided for in warrants in
criminal cases.
[R.O. 1993 § 135.080; Ord. No.
1944 § 14, 12-12-1978]
Any officer of the Department of Public Safety of the City shall,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial, file
a written complaint with the Municipal Judge.
[R.O. 1993 § 135.090]
Any person charged with a violation of an ordinance of this
City shall be entitled to a trial by jury, as in prosecutions for
misdemeanors before an Associate Circuit Judge. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Judge shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[R.O. 1993 § 135.100; Ord. No.
1944 § 16, 12-12-1978]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial,
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge
it shall not be necessary to summon any witness who may be present
at the continuance; but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before him/her on
the day set for trial to testify in the case, and enter the names
of such witnesses on the docket, which oral notice shall be valid
as a summons.
[R.O. 1993 § 135.110; Ord. No.
1944 § 17, 12-12-1978]
A.
If,
in the progress of any trial before the Municipal Judge, it shall
appear to the Judge that the accused ought to be put upon trial for
an offense against the criminal laws of the State and not cognizable
before him/her as a Municipal Judge, he/she shall immediately stop
all further proceedings before him/her as Municipal Judge and cause
the complaint to be made before an Associate Circuit Judge within
the County.
B.
For
purposes of this Section, any offense involving the operation of a
motor vehicle in an intoxicated condition as defined in Section 577.001,
RSMo. shall not be cognizable in Municipal Court if the defendant
has been convicted, found guilty, or pled guilty to two (2) or more
previous intoxication-related traffic offenses as defined in Section
577.023, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 1993 § 135.120; Ord. No.
1944 § 18, 12-12-1978]
The Municipal Judge may commit a defendant to the County Jail,
and it shall be the duty of the Sheriff upon receipt of a warrant
of commitment from the Judge to receive and safely keep such prisoner
until discharged by due process of law. The City shall pay the board
of such prisoner at the rate as may now or hereafter be allowed to
such Sheriff for the keeping of such prisoner in his/her custody.
The same shall be taxed as costs.
[R.O. 1993 § 135.130]
A.
Any
Judge hearing violations of municipal ordinances may, when in his/her
judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial
before such judge. When a person is placed on probation he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the Court may order conditions which the Court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he/she does so, the Court shall decide the extent or duration of
sentence or other disposition to be imposed and render judgment accordingly.
Any County, City, person, organization, or agency, or employee of
a County, City, organization or agency charged with the supervision
of such free work or who benefits from its performance shall be immune
from any suit by the person placed on parole or probation or any person
deriving a cause of action from him/her if such cause of action arises
from such supervision of performance, except for intentional torts
or gross negligence. The services performed by the probationer or
parolee shall not be deemed employment within the meaning of the provisions
of Chapter 288, RSMo.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
[R.O. 1993 § 135.140; Ord. No.
1944 § 20, 12-12-1978]
A.
In
any case tried before a Municipal Judge who is not licensed to practice
law in this state, the defendant shall have a right to trial de novo,
even from a plea of guilty, before a Circuit Judge or an Associate
Circuit Judge.
B.
In
any case tried before a Municipal Judge who is licensed to practice
law in this State or before an Associate Circuit Judge, except where
there has been a plea of guilty or the case has been tried with a
jury, the defendant shall have a right of trial de novo before a Circuit
Judge or upon assignment before an Associate Circuit Judge. An application
for a trial de novo shall be filed within ten (10) days after judgment
and shall be filed in such form and perfected in such manner as provided
by Supreme Court Rule.
[R.O. 1993 § 135.150; Ord. No.
1944 § 21, 12-12-1978]
In all cases in which a jury trial has been demanded, a record
of the proceedings shall be made, and appeals may be had upon that
record to the appropriate Appellate Court.
[R.O. 1993 § 135.160; Ord. No.
1944 § 22, 12-12-1978]
In the case of a breach of any recognizance entered into before
a Judge hearing a municipal ordinance violation case, the same shall
be deemed forfeited and the Judge shall cause the same to be prosecuted
in the Circuit Court against the principal and surety, or either of
them, in the name of the City as plaintiff. All monies received by
such forfeiture shall be paid to the general revenue fund of the City.
[R.O. 1993 § 135.170; Ord. No.
1944 § 23, 12-12-1978]
The Municipal Judge shall be disqualified to hear any case in
which he/she is in anyway interested, or, if before the trial is begun,
the defendant or the prosecutor files an affidavit that the party
cannot have a fair and impartial trial by reason of the interest or
prejudice of the Judge. Neither the defendant nor the City shall be
entitled to file more than one (1) affidavit for disqualification
in the same case.
[R.O. 1993 § 135.180; Ord. No.
1944 § 24, 12-12-1978]
If the Municipal Judge or Provisional Judge is absent, sick
or disqualified from acting for any reason, a special Municipal Judge
may be designated in accordance with the provisions of Section 479.230,
RSMo., until such absence or disqualification shall cease.
[R.O. 1993 § 135.190; Ord. No.
2101 § 25, 9-9-1986]
A.
The
Clerk of the Municipal Court shall be appointed by the City Council
and shall serve as Clerk until such person's death, resignation or
removal by the City Council. The compensation or salary of the Clerk
shall be determined by the City Council. The duties of the Clerk shall
be as follows:
1.
To collect such fines for violations of such offenses as may be described,
and the court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints.
4.
To sign and issue subpoenas.
5.
To accept the appearance, waiver of trial and plea of guilty and
payment of fines and costs as directed by the Municipal Judge.
6.
To perform all duties as provided by ordinance or by the rules of
practice and procedure of said Court.
7.
To maintain, properly certified by the City Clerk, a complete set
of the ordinances of the City, which shall constitute prima facie
evidence of such ordinance before the Court.
8.
To perform all other duties as may be required by law.
A.
In
addition to any fine that may be imposed by the Municipal Judge in
any case filed in the Charleston Municipal Division of the 33rd Judicial Circuit Court, and in addition
to all other fees authorized or required by law, there shall be assessed
as costs the following:
1.
Costs of Court in the amount of twelve dollars ($12.00).
[Ord. No. 3008, 6-15-2021]
2.
Police Officer Training Fee. A fee of three dollars ($3.00) is hereby
established and assessed as additional Court costs in each Court proceeding,
except that no such fee shall be collected when the proceedings against
the defendant have been dismissed.
a.
Two dollars ($2.00) of each such Court cost shall be transmitted
monthly to the Treasurer of the City and used to pay for Police Officer
training as provided by Sections 590.100 to 590.180, RSMo. The City
shall not retain for training purposes more than one thousand five
hundred dollars ($1,500.00) of such funds for each certified Law Enforcement
Officer or candidate for certification employed by the City. Any excess
funds shall be transmitted quarterly to the City's General Fund.
b.
One dollar ($1.00) of each such Court cost shall be sent to the State
Treasury to the credit of the Peace Officers Standards and Training
Commission Fund created by Section 590.178, RSMo.
3.
Crime Victims' Compensation Fund. An additional sum of seven dollars and fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (A)(1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
4.
There shall be assessed a surcharge of seven dollars ($7.00) for
the Statewide Court Automation Fund, if applicable, which shall be
collected and transmitted monthly to the Missouri Director of Revenue
to the credit of the Missouri Statewide Court Automation Fund, as
required by Section 476.056, RSMo., effective when the State's "Show-Me
Courts" court automation system becomes operational.
[Ord. No. 3002, 4-13-2021]
5.
Other costs, such as for the issuance of a warrant, a commitment
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
6.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail or costs assessed against
the City by any other detention facility.
7.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
(both directions) in order to serve any warrant or commitment or order
of this Court.
8.
Any other reasonable cost as may be otherwise provided by ordinance
including, but not limited to, costs of confinement, including any
necessary transportation related thereto, medical costs incurred by
the City while a defendant is in City custody, and costs related to
the arrest and testing of any person for any intoxication-related
traffic offense as set out in Section 125.320(A)(10) hereof.
9.
Reimbursement Of Certain Costs Of Arrest.
a.
Upon a plea or a finding of guilty of violating the provisions of Section 342.020 or 342.030 of this Code or any ordinance of the City of Charleston involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b.
Such costs hereby authorized shall include the reasonable cost of
making the arrest, including the cost of any chemical test made as
authorized or required by law or ordinance to determine the alcohol
or drug content of the person's blood, and the costs of processing,
charging, booking and holding such person in custody.
c.
The Chief of Police may establish a schedule of such costs hereby
authorized and shall submit the same to the Municipal Judge. However,
the Court may order the costs reduced if it determines that the costs
are excessive.
10.
Judicial Education Fund.
a.
A City by ordinance may provide for fees in an amount per case to
be set pursuant to Sections 488.010 to 488.020, RSMo., for each municipal
ordinance violation case filed before a Municipal Judge, and in the
event a defendant pleads guilty or is found guilty, the Judge may
assess costs against the defendant except in those cases where the
defendant is found by the Judge to be indigent and unable to pay the
costs. The fees authorized in this Subsection are in addition to service
charges, witness fees and jail costs that may otherwise be authorized
to be assessed, but are in lieu of other Court costs. The fees provided
by this Subsection shall be collected by the Municipal Division Clerk
in municipalities electing or required to have violations of municipal
ordinances tried before a Municipal Judge pursuant to Section 479.020,
RSMo., or to employ judicial personnel pursuant to Section 479.060,
RSMo., and disbursed as provided in Subsection (1) of Section 479.080,
RSMo. Any other Court costs required in connection with such cases
shall be collected and disbursed as provided in Sections 488.010 to
488.020, RSMo.; provided that, each Municipal Court may establish
a Judicial Education Fund and an Appointed Counsel Fund, each in separate
accounts under the control of the Municipal Court to retain one dollar
($1.00) of the fees collected on each case. The fees collected shall
be allocated between the two (2) funds as determined by the Court.
The Judicial Education Fund shall be used only to pay for:
b.
The Appointed Counsel Fund shall be used only to pay the reasonable
fees approved by the Court for the appointment of an attorney to represent
any defendant found by the Judge to be indigent and unable to pay
for legal representation, and where the Supreme Court rules or the
law prescribes such appointment. Provided further, that no Municipal
Court shall retain more than one thousand five hundred dollars ($1,500.00)
in the Judicial Education Fund for each Judge, Administrator or Clerk
of the Municipal Court and no more than five thousand dollars ($5,000.00)
in the Appointed Counsel Fund. Any excess funds shall be transmitted
quarterly to the General Revenue Fund of the County or Municipal Treasury.
11.
Inmate Security Fund.
a.
A surcharge of two dollars ($2.00) may be assessed as costs in each
Court proceeding filed in any Court in any City adopting such a surcharge,
in all violations of any municipal ordinance; except that no such
fee shall be collected in any proceeding in any Court when the proceeding
or the defendant has been dismissed by the Court or when costs are
to be paid by the City. A surcharge of two dollars ($2.00) shall be
assessed as costs in a Juvenile Court proceeding in which a child
is found by the Court to come within the applicable provisions of
Subdivision (3) of Subsection (1) of Section 211.031, RSMo.
b.
The Treasurer shall deposit funds generated by the surcharge into
the "Inmate Security Fund." Funds deposited shall be utilized to acquire
and develop biometric verification systems and information sharing
to ensure that inmates, prisoners, or detainees in a holding cell
facility or other detention facility or area which holds persons detained
only for a shorter period of time after arrest or after being formally
charged can be properly identified upon booking and tracked within
the local law enforcement administration system, criminal justice
administration system, or the local jail system. Upon the installation
of the information sharing or biometric verification system, funds
in the inmate prisoner detainee security fund may also be used for
the maintenance, repair, and replacement of the information sharing
or biometric verification system, and also to pay for any expenses
related to detention, custody, and housing and other expenses for
inmates, prisoners, and detainees.
12.
There shall be assessed a surcharge of three dollars ($3.00) to be
collected and transmitted monthly to the Missouri Director of Revenue
to the credit of the Missouri Sheriff Retirement Fund, as required
by Section 57.955, RSMo., (until such Statute's dubious constitutional
validity is successfully challenged).
[Ord. No. 3002, 4-13-2021]
[R.O. 1993 § 135.210; Ord. No.
1944 § 27, 12-12-1978]
The costs of any action may be assessed against the prosecuting
witness and judgement rendered against him/her that he/she pay the
same and stand committed until paid in any case where it appears to
the satisfaction of the Municipal Judge that the prosecution was commenced
without probable cause and from malicious motives.
[R.O. 1993 § 370.010]
A.
Any
person charged with an offense for which payment of a fine may be
made to the Violations Bureau shall have the option of paying such
fine within the time specified in the notice of arrest at the Violations
Bureau upon entering a plea of guilty and upon waiving appearance
in court; or may have the option of depositing required lawful bail,
and upon a plea of not guilty shall be entitled to a trial as authorized
by law.
B.
The
payment of a fine to the Bureau shall be deemed an acknowledgement
of conviction of the alleged offense, and the Bureau, upon accepting
the prescribed fine, shall issue a receipt to the violator acknowledging
payment thereof.
[R.O. 1993 § 370.020]
A.
The
following duties are hereby imposed upon the Violations Bureau in
reference to traffic offenses:
1.
It shall accept designated fines, issue receipts, and represent in
court such violators as are permitted and desire to plead guilty,
waive court appearance, and give power of attorney;
2.
It shall receive and issue receipts for cash bail from the persons
who must or wish to be heard in court, enter the time of their appearance
on the court docket, and notify the arresting officer and witnesses,
if any, to be present.
[R.O. 1993 § 370.030]
The Violations Bureau shall keep records and submit to the Judges
hearing violations of City ordinances summarized monthly reports of
all notices issued and arrests made for violations of the traffic
laws and ordinances in the City and of all the fines collected by
the Violations Bureau or the court, and of the final disposition or
present status of every case of violation of the provisions of said
laws and ordinances. Such records shall be so maintained as to show
all types of violations and the totals of each. Said records shall
be public records.
[R.O. 1993 § 370.040]
The Violations Bureau shall follow such procedure as may be
prescribed by the traffic ordinances of the City or as may be required
by any laws of this State.
